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(영문) 수원지방법원 2014.04.21 2013노5822
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 6,000,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of facts was made by the Defendant on the yellow signal, but the Defendant received a left turn turn to the left at the intersection, so it is not a violation of the signal, and even if it is a violation of the signal, there is no causation between the instant accident and the Defendant’s signal violation. 2) The lower court’s punishment (two years of suspended execution in June) is excessively unreasonable.

B. The reasoning of the appeal by Defendant A is too unreasonable. The sentence of the lower court (two years of suspended execution in June) is too unreasonable.

2. Determination

A. According to Defendant B’s assertion of mistake of facts, Article 4 of the Road Traffic Act, and Article 6(2) attached Table 2 of the Enforcement Rule of the Road Traffic Act, the driver of a vehicle in yellow signal must immediately stop the vehicle immediately before or after the intersection when there is a stop line or crosswalk. According to the evidence duly adopted and examined by the court below, the above Defendant can be found to have violated the signal, since the above Defendant suspended on yellow signal and did not wait for the left-hand turn, and entered the intersection and made a left-hand turn at the intersection. In addition, if the above Defendant did not enter the intersection as above, the accident of this case would not have occurred. Thus, even if the above Defendant reported the left-hand turn-hand turn-hand turn-hand turn-on, the causal relationship between the Defendant’s violation of the signal and the accident of this case cannot be denied.

Therefore, the above defendant's above assertion is without merit.

B. The instant traffic accident regarding the Defendants’ assertion of unfair sentencing is caused by Defendant A’s red signal, Defendant B’s entry into each intersection by yellow signal, Defendant A recognized the instant crime as an initial offender and is in profoundly against each other, and the instant motor bicycle driven by the said Defendant.

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